Although we all would like our of our assets to be dispersed wholly to our loved ones once we pass away, in some instances, however, creditors will have a claim on your Florida estate.
One of the primary purposes of Florida Estate Law and Probate is to ensure that the decedent’s debts are paid in an orderly fashion.
- The personal representative, or executor of the will, must use diligent efforts to give actual notice of the probate proceeding to “known or reasonably ascertainable” creditors.
- This gives the creditors an opportunity to file claims in the decedent’s probate estate, if any.
- Creditors who receive notice of the probate administration in Florida (West Palm Beach) generally have three months to file a claim with the clerk of the circuit court.
- The personal representative, or any other interested persons, may file an objection to the statement of claim.
- If an objection is filed, the creditor must file a separate independent lawsuit to pursue the claim.
- A claimant who files a claim in the Florida probate proceeding must be treated fairly as a person interested in the probate estate until the claim has been paid, or until the claim is determined to be invalid.
The crux of the laws on creditor claims is this: the legitimate debts of the decedent, specifically including debt claims, taxes, and expenses of the administration of the decedent’s Florida probate estate, must be paid before making distributions to the decedent’s beneficiaries.
The Florida Probate Court court will require the personal representative to file a report to advise of any claims filed in the probate estate, and will not permit the probate estate to be closed unless those claims have been paid or otherwise disposed of.
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Probate Law, Estate Planning, and Estate Administration in Florida.